Expert who sent first draft of evidence to solicitors “not a hired gun” – Litigation Futures

Posted August 17th, 2018 in drafting, evidence, expert witnesses, news, solicitors by sally

‘It was “a serious transgression” for an expert witness to make changes to his evidence after sending a first draft to his client’s solicitors, the High Court has ruled.’

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Litigation Futures, 16th August 2018

Source: www.litigationfutures.com

How paedophile’s hands led to his conviction – BBC News

Posted August 15th, 2018 in child abuse, evidence, forensic science, news, rape, video recordings by sally

‘In July 2014, police in Manchester arrested a 34-year-old man on suspicion of filming himself raping a child. In the video, the face of the perpetrator was hidden but his hands were visible.’

Full Story

BBC News, 15th August 2018

Source: www.bbc.co.uk

Court warning after solicitor called by own client to give evidence – Law Society’s Gazette

Posted August 14th, 2018 in conflict of interest, evidence, news, witnesses by sally

‘A High Court judge has made clear that clients should resist calling their own solicitor to give evidence, warning that to do so may give rise to a potential conflict of interest.’

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Law Society's Gazette, 14th August 2018

Source: www.lawgazette.co.uk

Victims may stop reporting rape over fears phone evidence will be used against them, official warns – The Independent

Posted August 9th, 2018 in evidence, news, police, rape, victims by tracey

‘Women may not report rape to police because of fears material from their phones will be used to discredit them, the victims commissioner for London has warned.’

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The Independent, 8th August 2018

Source: www.independent.co.uk

Cardiotocography: An Introduction – No. 5 Chambers

Posted August 7th, 2018 in birth, evidence, negligence, news, personal injuries by sally

‘Cardiotocography traces form a central piece of documentary evidence in litigation related to adverse perinatal outcomes, which are alleged to have arisen due to events that took place during the labour and/or delivery of the baby. Cardiotocography is therefore an important element to get to grips with for any practitioner when working on birth injury cases. Errors in electronic‏ fetal heart rate monitoring or cardiotocography are a‏ common theme in such cases with injuries to the baby‏ including cerebral palsy, stillbirth and scarring and injuries‏ to the mother including damage to the mother’s perineum‏ or vagina resulting in disability which limits sexual‏ intercourse, lack of control of bladder/bowel function‏ and of course psychological or psychiatric sequelae.‏ A recent review by NHS Resolution in September 2017‏ found that 32 out of the 50 cerebral palsy cases looked‏ at, involved errors of cardiotocography interpretation.‏ This article is a beginner’s guide to cardiotocography for‏ application in medical negligence cases.’‏ ‏

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No. 5 Chambers, 31st July 2018

Source: www.no5.com

Legal Aid Fee Cuts To Evidence Work Have Been Declared Unlawful – Rights Info

Posted August 6th, 2018 in budgets, evidence, law firms, legal aid, news, solicitors by sally

‘Government attempts to cut legal aid fees for solicitor evidence work have declared unlawful by the high court.’

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Rights Info, 3rd August 2018

Source: rightsinfo.org

Man freed on first day of acid attack trial in Liverpool – The Guardian

‘A judge has called on the Crown Prosecution Service to expand its review of disclosure failures after a man spent six months in prison accused of carrying out an acid attack only to be freed on the first day of his trial.’

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The Guardian, 21st July 2018

Source: www.theguardian.com

First terrorism charges against ex-soldier who fought Islamic State fail as prosecutors offer no evidence – Daily Telegraph

Posted August 1st, 2018 in Crown Prosecution Service, evidence, news, prosecutions, terrorism by sally

‘A British ex-soldier accused of attending terrorist training camps run by militia fighting against Islamic State has had terrorism charges against him dropped.’

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Daily Telegraph, 31st July 2018

Source: www.telegraph.co.uk

Changes Proposed to Code for Crown Prosecutors to drive improvements in disclosure – Crown Prosecution Service

‘Making sure clearer, earlier information about mobile phone evidence is available before a suspect is charged with a crime is part of a raft of proposed changes announced by the Director of Public Prosecutions today. This will include mobile phone messages sent by suspects and accusers in cases where the parties are known to each other.’

Full press release

Crown Prosecution Service, 23rd July 2018

Source: www.cps.gov.uk

UK may face legal challenge over US extradition of Isis pair – The Guardian

‘UK ministers could face a legal challenge to the decision to assist the US extradition of two former British Islamic State terrorists without demanding they do not face the death penalty, as Downing Street backed Sajid Javid’s decision to allow the move.’

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The Guardian, 24th July 2018

Source: www.theguardian.com

Director of public prosecutions criticised for ‘insufficient leadership’ over failings that saw evidence withheld from defence lawyers – The Independent

Posted July 20th, 2018 in Crown Prosecution Service, disclosure, evidence, news by tracey

‘Weak leadership by the director of public prosecutions failed to tackle failings that led to innocent people to be wrongly imprisoned, MPs have found.’

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The Independent, 19th July 2018

Source: www.independent.co.uk

Police and prosecution lawyers fail to correctly disclose evidence in nearly half of cases, watchdog says – Daily Telegraph

Posted July 13th, 2018 in disclosure, evidence, news, police, reports by tracey

‘Police and prosecution lawyers are failing to correctly disclose evidence in nearly half of court cases, watchdog review has found.’

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Daily Telegraph, 12th July 2018

Source: www.telegraph.co.uk

Farming disputes and proprietary estoppel: Gee v Gee – Family Law

Posted July 5th, 2018 in agricultural holdings, appeals, estoppel, evidence, families, news, witnesses by tracey

‘In recent years there has been a procession of farming proprietary estoppel cases, the most famous of which was probably Davies v Davies [2016] EWCA Civ 463, [2017] 1 FLR 1286 with the claimant in that case capturing the media’s attention as the “Cowshed Cinderella”. On 11 June 2018 Mr Justice Birss, sitting in Bristol, handed down judgment on the latest, the case of Gee v Gee & Anor [2018] EWHC 1393 (Ch), [2018] All ER (D) 58 (Jun).’

Full Story

Family Law, 4th July 2018

Source: www.familylaw.co.uk

Court of Appeal overturns costs penalty imposed on claimant who gave dishonest evidence – Litigation Futures

Posted June 27th, 2018 in costs, disclosure, evidence, news, part 36 offers, penalties by tracey

‘A judge was wrong to penalise a claimant for not disclosing an important piece of evidence, given that the defendant made the part 36 offer she accepted in full knowledge of her dishonesty, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 26th June 2018

Source: www.litigationfutures.com

Rikki Neave death: No charges over schoolboy murder – BBC News

Posted June 22nd, 2018 in evidence, murder, news, prosecutions by tracey

‘A man arrested on suspicion of murdering a six-year-old boy almost 24 years ago will not face charges, prosecutors have said.’

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BBC News, 21st June 2018

Source: www.bbc.co.uk

If it’s in the bundle, it’s in evidence – Hardwicke Chambers

Posted June 18th, 2018 in civil procedure rules, documents, evidence, interpretation, news by sally

‘A recent trial in the County Court in Central London has confirmed that any document in the trial bundle is in evidence, irrespective of whether it is adduced to a witness statement.’

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Hardwicke Chambers, 10th May 2018

Source: www.hardwicke.co.uk

Passing off: NGRS. v Bee Moved – NIPC Law

Posted June 18th, 2018 in evidence, misrepresentation, news by sally

‘This was an appeal from the decision of Mr Recorder Campbell QC in The National Guild of Removers And Storers Ltd v Bee Moved Ltd and others [2016] EWHC 3192 (IPEC) (13 Dec 2016) which was an action for passing off. The appeal was over what constitutes a misrepresentation for the purposes of passing off and whether new evidence should be allowed on appeal.’

Full Story

NIPC Law, 16th June 2018

Source: nipclaw.blogspot.com

Jeremy Thorpe: Police find ‘dead’ suspect alive, but will not reopen investigation – The Independent

Posted June 5th, 2018 in evidence, news, police by tracey

‘Police who believed a suspect in the Jeremy Thorpe scandal was dead have announced they have found him alive, but will not reopen an investigation.’

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The Independent, 5th june 2018

Source: www.independent.co.uk

Social media: its role in divorce and associated pitfalls – Family Law

Posted June 1st, 2018 in evidence, internet, news, privacy by sally

‘Media reports that celebrity baker Paul Hollywood and his estranged wife have used social media to indulge in some online taunting will comes as no surprise to many family lawyers.’

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Family Law, 1st June 2018

Source: www.familylaw.co.uk

The legal process for gender recognition – Family Law

Posted May 30th, 2018 in evidence, gender, news, transsexuals by sally

‘We have a legal system in the UK that recognises every individual as either a man or a woman and this is usually determined by what it says on your birth certificate. It is increasingly recognised and accepted however that gender identity (that is to say the gender we most identify with) is not always the same as the gender we are born into.’

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Family Law, 29th May 2018

Source: www.familylaw.co.uk